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Leave It to the Experts: Fourth Circuit Suggests That FCA Extrapolation Is an Evidentiary Issue


On October 26, the Fourth Circuit heard oral arguments in the interlocutory appeal in U.S. ex rel. Michaels v. Agape Senior Cmty. Inc. on whether statistical sampling is an appropriate methodology for establishing liability and damages in FCA cases, during which the court’s comments appeared to indicate that the court views sampling as an evidentiary issue. In an "Expert Analysis" featured in Law360, C&M attorneys discuss the growing trend of statistical sampling in FCA cases and practical considerations for litigating FCA cases when plaintiffs propose the use of sampling.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549